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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`Twitter, Inc. and Google LLC
`Petitioner
`
`v.
`
`B.E. Technology, LLC,
`Patent Owner.
`____________
`
`Case No. IPR2021-00483
`Patent 8,769,440
`____________
`
`
`
`
`DECLARATION OF SYLVIA D. HALL-ELLIS, PH.D.
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`Twitter-Google Exhibit 1090
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`I.
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`INTRODUCTION
`1. My name is Sylvia D. Hall-Ellis. I have been retained as an expert by
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`Petitioner.
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`2.
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`I have written this declaration at the request of Petitioner to provide
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`my expert opinion regarding the authenticity and public availability of a
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`publication. My report sets forth my opinions in detail and provides the bases for
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`my opinions regarding the public availability of this publication.
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`3.
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`I reserve the right to supplement or amend my opinions, and bases for
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`them, in response any additional evidence, testimony, discovery, argument, and/or
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`other additional information that may be provided to or obtained by me after the
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`date of this declaration.
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`4.
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`I am being compensated for my time spent working on this matter at
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`my normal consulting rate of $325 per hour, plus reimbursement for any additional
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`reasonable expenses. My compensation is not in any way tied to the content of this
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`Declaration, the substance of my opinions, or the outcome of this dispute. I have
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`no other interests in this proceeding or with any of the parties.
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`5.
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`All of the materials that I considered are discussed explicitly in this
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`Declaration.
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`1
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`
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`II. QUALIFICATIONS
`6.
`I am currently an Adjunct Professor in the School of Information at
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`San José State University. I obtained a Master of Library Science from the
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`University of North Texas in 1972 and a Ph.D. in Library Science from the
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`University of Pittsburgh in 1985. Over the last fifty years, I have held various
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`positions in the field of library and information resources. I was first employed as
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`a librarian in 1966 and have been involved in the field of library sciences since,
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`holding numerous positions.
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`7.
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`I am a member of the American Library Association (“ALA”) and its
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`Association for Library Collections & Technical Services (“ALCTS”) Division,
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`and I served on the Committee on Cataloging: Resource and Description (which
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`wrote the new cataloging rules) and as the founding chair of the Committee for
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`Education and Training of Catalogers and the Competencies and Education for a
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`Career in Cataloging Interest Group. I also served as the Founding Chair of the
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`ALCTS Division’s Task Force on Competencies and Education for a Career in
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`Cataloging. Additionally, I served as the Chair for the ALA Office of Diversity’s
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`Committee on Diversity, a member of the REFORMA National Board of
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`Directors, and a member of the Editorial Board for the ALCTS premier cataloging
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`journal, Library Resources and Technical Services. Currently I serve as a Co-
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`Chair for the Library Research Round Table of the American Library Association.
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`2
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`
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`8.
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`I have also given over one-hundred presentations in the field,
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`including several on library cataloging systems and Machine-Readable Cataloging
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`(“MARC”) standards. My current research interests include library cataloging
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`systems, metadata, and organization of electronic resources.
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`9.
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`I have been deposed twenty-one times.
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`10. My full curriculum vitae is attached hereto as Appendix A.
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`III. PRELIMINARIES
`A.
`Scope of This Declaration
`11.
`I am not an attorney and will not offer opinions on the law. I am,
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`however, rendering my expert opinion on the authenticity of the documents
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`referenced herein and on when and how each of these documents was disseminated
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`or otherwise made available to the extent that persons interested and ordinarily
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`skilled in the subject matter or art, exercising reasonable diligence, could have
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`located the documents.
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`12.
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`I am informed by counsel that an item is considered authentic if there
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`is sufficient evidence to support a finding that the item is what it is claimed to be. I
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`am also informed that authenticity can be established based on the contents of the
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`documents themselves, such as the appearance, contents, substance, internal
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`patterns, or other distinctive characteristics of the item, taken together with all of
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`the circumstances. I am further informed that an item is considered authentic if it
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`3
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`
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`is at least 20 years old, in a condition that creates no suspicion of its authenticity,
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`and in a place where, if authentic, it would likely be. Lastly, I have been informed
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`that a document’s authenticity can be established by comparison with an authentic
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`specimen.
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`13.
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`I am informed by counsel that a printed publication qualifies as
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`publicly accessible as of the date it was disseminated or otherwise made available
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`such that a person interested in and ordinarily skilled in the relevant subject matter
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`could locate it through the exercise of ordinary diligence.
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`14. While I understand that the determination of public accessibility under
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`the foregoing standard rests on a case-by-case analysis of the facts particular to an
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`individual publication, I also understand that a printed publication is rendered
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`“publicly accessible” if it is cataloged and indexed by a library such that a person
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`interested in the relevant subject matter could locate it. That is, I understand that
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`cataloging and indexing by a library is sufficient, although there are other ways
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`that a printed publication may qualify as publicly-accessible. One manner of
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`sufficient indexing is indexing according to subject matter category. I understand
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`that the cataloging and indexing by a single library of a single instance of a
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`particular printed publication is sufficient, even if the single library is in a foreign
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`country. I understand that, even if access to a library is restricted, a printed
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`publication that has been cataloged and indexed therein is publicly-accessible so
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`4
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`
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`long as a presumption is raised that the portion of the public concerned with the
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`relevant subject matter would know of the printed publication. I also understand
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`that the cataloging and indexing of information that would guide a person
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`interested in the relevant subject matter to the printed publication, such as the
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`cataloging and indexing of an abstract for the printed publication, is sufficient to
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`render the printed publication publicly-accessible.
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`15.
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`I understand that routine business practices, such as general library
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`cataloging and indexing practices, can be used to establish an approximate date on
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`which a printed publication became publicly accessible. I also understand that the
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`indicia on the face of a reference, such as printed dates and stamps, are considered
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`as part of the totality of the evidence.
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`B.
`16.
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`Persons of Ordinary Skill in the Art
`I am told by counsel that the subject matter of this proceeding relates
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`generally to providing advertising via the internet to computers of users, and thus
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`relates to computer systems, including network-based technologies and Internet
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`advertising.
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`17.
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`I have been informed by counsel that a “person of ordinary skill in the
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`art at the time of the inventions” is a hypothetical person who is presumed to be
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`familiar with the relevant field and its literature at the time of the inventions. This
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`5
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`
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`hypothetical person is also a person of ordinary creativity, capable of
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`understanding the scientific principles applicable to the pertinent field.
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`18.
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`I am told by counsel that persons of ordinary skill in this subject
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`matter or art would have had the equivalent of a Bachelor’s degree in electrical
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`engineering, computer engineering, computer science, or a related field and 2-3
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`years of professional work experience in network-based technologies. Less work
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`experience may be compensated by a higher level of education, such as a Master’s
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`Degree, and vice versa.
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`19.
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`It is my opinion that such a person would have been engaged in
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`research, learning through study, and practice in the field and possibly through
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`formal instruction the bibliographic resources relevant to his or her research. By
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`not later than the late 1990s (and more specifically, 1998), such a person would
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`have had access to a vast array of long-established print resources in the field, as
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`well as to a rich set of online resources providing indexing information, abstracts,
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`and full text services for publications relevant to the field of this dispute.
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`C. Authoritative Databases
`20.
`In preparing this report, I used authoritative databases, such as the
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`OCLC WorldCat, the Library of Congress Online Catalog, and the U. S. Copyright
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`Office database to confirm citation details of the various publications discussed.
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`6
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`
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`21. OCLC WorldCat Database. The OCLC was created “to establish,
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`maintain and operate a computerized library network and to promote the evolution
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`of library use, of libraries themselves, and of librarianship, and to provide
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`processes and products for the benefit of library users and libraries, including such
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`objectives as increasing availability of library resources to individual library
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`patrons and reducing the rate of rise of library per-unit costs, all for the
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`fundamental public purpose of furthering ease of access to and use of the ever-
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`expanding body of worldwide scientific, literary and educational knowledge and
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`information.”1 Among other services, OCLC and its members are responsible for
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`maintaining the WorldCat database,2 used by independent and institutional libraries
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`throughout the world.
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`22. U. S. Copyright Office. Created by Congress in 1897, the Copyright
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`Office is responsible for administering a complex and dynamic set of laws, which
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`include registration, the recordation of title and licenses, a number of statutory
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`licensing provisions, and other aspects of the 1976 Copyright Act and the 1998
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`
`
`1 Third Article, Amended Articles of Incorporation of OCLC Online Computer
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`Library Center, Incorporated (available at
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`https://www.oclc.org/content/dam/oclc/membership/articles-of-incorporation.pdf)
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`2 http://www.worldcat.org/
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`7
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`
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`
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`Digital Millennium Copyright Act. The public catalog in the Copyright Office
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`includes information filed since 1978.3 Individuals can search by title, personal or
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`corporate name, key word, registration number, and document number. Works
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`filed before 1978 can be located through the Copyright Public Records Reading
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`Room.4 A researcher can find the date on which an item was published and
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`deposited for copyright.
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`D.
`Indexing
`23. A researcher may discover material relevant to his or her topic in a
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`variety of ways. One common means of discovery is to search for relevant
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`information in an index of periodical and other publications. Having found
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`relevant material, the researcher will then normally obtain it online, look for it in
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`libraries, or purchase it from the publisher, a bookstore, a document delivery
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`service, or other provider. Sometimes, the date of a document’s public
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`accessibility will involve both indexing and library date information. However,
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`date information for indexing entries is often unavailable. This is especially true
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`for online indices.
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`
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`3 https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First
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`4 https://www.copyright.gov/circs/circ23.pdf
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`8
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`
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`24.
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`Indexing services use a wide variety of controlled vocabularies to
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`provide subject access and other means of discovering the content of documents.
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`The formats in which these access terms are presented vary from service to service.
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`25. Before the widespread development of online databases to index
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`articles in journals, magazines, conference papers, and technical reports, libraries
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`purchased printed volumes of indices. Graduate library school education mandated
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`that students learn about the bibliographic control of disciplines, the prominent
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`indexing volumes, and searching strategies required to use them effectively and
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`efficiently. Half of the courses that I studied in library school were focused on the
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`bibliography and resources in academic disciplines.
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`26. Librarians consulted with information seekers to verify citations,
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`check availability in union catalogs, printed books catalogs, and the OCLC
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`database, and make formal requests for materials, e.g., books, conference
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`proceedings, journal articles. Requests were transmitted using Telex machines,
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`rudimentary email systems, and the United States Postal Service. During my
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`career, I have performed and supervised staff who handled these resource sharing
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`tasks.
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`27. A major firm known for the breadth of subjects and comprehensive
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`treatment in the preparation of index volumes, the H. W. Wilson Company offered
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`these reference resources since the firm was founded in 1898. The Reader’s Guide
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`9
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`
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`to Periodical Literature is one of the best-known titles available from H. W.
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`Wilson. Each volume includes a comprehensive index for 300 of the most popular
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`and important periodicals published in the United States and Canada. Information
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`seekers have subject access expressed in plain language terminology, author
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`access, and cross references to find the desired results from their searches. The
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`family of index titles included Science & Technology Index, Business Periodicals,
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`Applied Science & Technology Index, Humanities Index, Biological & Agricultural
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`Index, and Industrial Arts Index. These printed indices have been superseded by
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`digital database offerings available to information seekers through Ebsco.
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`28. Online indexing services commonly provide bibliographic
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`information, abstracts, and full-text copies of the indexed publications, along with
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`a list of the documents cited in the indexed publication. These services also often
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`provide lists of publications that cite a given document. A citation of a document
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`is evidence that the document was publicly available and in use no later than the
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`publication date of the citing document.
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`IV. LIBRARY CATALOGING PRACTICES
`A. Machine-Readable Cataloging (MARC) Standard
`29.
`I am fully familiar with the library cataloging standard known as the
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`MARC standard, which is an industry-wide standard method of storing and
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`10
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`
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`organizing library catalog information.5 MARC was first developed in the 1960s
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`by the Library of Congress. A MARC-compatible library is one that has a catalog
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`consisting of individual MARC records for each of its items. Today, MARC is the
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`primary communications protocol for the transfer and storage of bibliographic
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`metadata in libraries.6
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`
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`5 The full text of the standard is available from the Library of Congress at
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`http://www.loc.gov/marc/bibliographic/
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`6 Almost every major library in the world is MARC-compatible. See, e.g., MARC
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`Frequently Asked Questions (FAQ), Library of Congress,
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`https://www.loc.gov/marc/faq.html (last visited October 1, 2021) (“MARC is the
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`acronym for Machine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly forty years ago. It
`
`provides the mechanism by which computers exchange, use, and interpret
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`bibliographic information, and its data elements make up the foundation of most
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`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 (reaffirmed
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`2016) standard for Information Interchange Format.
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`11
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`
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`30. Since at least the early 1970s and continuing to the present day,
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`MARC has been the primary communications protocol for the transfer and storage
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`of bibliographic metadata in libraries.7 As explained by the Library of Congress:
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`
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`You could devise your own method of organizing the bibliographic
`information, but you would be isolating your library, limiting its
`options, and creating much more work for yourself. Using the MARC
`standard prevents duplication of work and allows libraries to better
`share bibliographic resources. Choosing to use MARC enables
`libraries to acquire cataloging data that is predictable and reliable. If a
`library were to develop a “home-grown” system that did not use
`MARC records, it would not be taking advantage of an industry-wide
`standard whose primary purpose is to foster communication of
`information.
`Using the MARC standard also enables libraries to make use of
`commercially available library automation systems to manage library
`operations. Many systems are available for libraries of all sizes and
`are designed to work with the MARC format. Systems are maintained
`and improved by the vendor so that libraries can benefit from the
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`
`7 A complete history of the development of MARC can be found in MARC: Its
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`History and Implications by Henrietta D. Avram (Washington, DC: Library of
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`Congress, 1975) and available online from the Hathi Trust
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`(https://babel.hathitrust.org/cgi/pt?id=mdp.39015034388556;view=1up;seq=1; last
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`visited October 1, 2021).
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`12
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`
`
`
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`latest advances in computer technology. The MARC standard also
`allows libraries to replace one system with another with the assurance
`that their data will still be compatible.
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`Why Is a MARC Record Necessary? LIBRARY OF CONGRESS,
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`http://www.loc.gov/marc/umb/um01to06.html#part2 (last visited October 1, 2021).
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`31. Thus, almost every major library in the world is MARC-compatible.
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`See, e.g., MARC Frequently Asked Questions (FAQ), LIBRARY OF CONGRESS,
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`https://www.loc.gov/marc/faq.html (last visited October 1, 2021) (“MARC is the
`
`acronym for MAchine-Readable Cataloging. It defines a data format that emerged
`
`from a Library of Congress-led initiative that began nearly fifty years ago. It
`
`provides the mechanism by which computers exchange, use, and interpret
`
`bibliographic information, and its data elements make up the foundation of most
`
`library catalogs used today.”). MARC is the ANSI/NISO Z39.2-1994 standard
`
`(reaffirmed in 2016) for Information Interchange Format. The full text of the
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`standard is available from the Library of Congress.8
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`32. A MARC record comprises several fields, each of which contains
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`specific data about the work. Each field is identified by a standardized, unique,
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`three-digit code corresponding to the type of data that follow. For example, a
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`work’s title is recorded in field 245, the primary author or creator of the work is
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`
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`8 http://www.loc.gov/marc/bibliographic/
`13
`
`
`
`
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`recorded in field 100, an item’s International Standard Book Number (“ISBN”) is
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`recorded in field 020, an item’s International Standard Serial Number (“ISSN”) is
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`recorded in field 022, an item’s Library of Congress call number is recorded in
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`field 050, and the publication date is recorded in field 260 under the subfield “c.”
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`Id.9 If a work is a periodical, then its publication frequency is recorded in field
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`310, alternate publication frequency is recorded in field 321, and the publication
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`dates (e.g., the first and last publication) are recorded in field 362, which is also
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`referred to as the enumeration/chronology field.10
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`33. MARC records also include several fields that include subject matter
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`classification information. An overview of MARC record fields is available
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`through the Library of Congress website.11 For example, 6XX fields are termed
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`
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`9 In some MARC records, field 264 is used rather than field 260 to record
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`publication information. See http://www.loc.gov/marc/bibliographic/bd264.html
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`(last visited October 1, 2021) (“Information in field 264 is similar to information in
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`field 260 (Publication, Distribution, etc. (Imprint)). Field 264 is useful for cases
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`where the content standard or institutional policies make a distinction between
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`functions”).
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`10 http://www.loc.gov/marc/bibliographic/bd3xx.html
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`11 http://www.loc.gov/marc/bibliographic/
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`14
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`
`
`
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`“Subject Access Fields.”12 Among these, for example, is the 650 field; this is the
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`“Subject Added Entry – Topical Term” field.13 The 650 field is a “[s]ubject added
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`entry in which the entry element is a topical term.”14 These authenticated subject
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`entries “are assigned to a bibliographic record to provide access according to
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`generally accepted thesaurus-building rules (e.g., Library of Congress Subject
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`Headings (LCSH), Medical Subject Headings (MeSH)).”15
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`34. Further, MARC records include call numbers, which themselves
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`indicate a subject and physical location within the library collections. For
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`example, the 050 field is the “Library of Congress Call Number.”16 A defined
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`portion of the Library of Congress Call Number is the classification number, and
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`“source of the classification number is Library of Congress Classification and
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`the LC Classification-Additions and Changes.”17 Thus, included in the 050 field is
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`a subject matter classification. Each item in a library has a single classification
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`
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`12 http://www.loc.gov/marc/bibliographic/bd6xx.html
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`13 http://www.loc.gov/marc/bibliographic/bd650.html
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`14 Id.
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`15 Id.
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`16 http://www.loc.gov/marc/bibliographic/bd050.html
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`17 Id.
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`15
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`
`
`
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`number. A library selects a classification scheme (e.g., the Library of Congress
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`Classification scheme just described or a similar scheme such as the Dewey
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`Decimal Classification scheme or the National Library of Medicine Classification
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`scheme) and uses it consistently. When the Library of Congress assigns the
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`classification number, it appears as part of the 050 field. If a local library assigns
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`the classification number, it appears in a 090 field. In either scenario, the MARC
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`record includes a classification number that represents a subject matter
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`classification.
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`35. For MARC records created by libraries other than the Library of
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`Congress (e.g., a university library or a local public library), the classification
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`number may appear in a 09X (e.g., 090) field.18
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`36. OCLC provides its members online access to MARC records through
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`its OCLC bibliographic database. When an OCLC member institution acquires a
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`work, it creates a MARC record for this work in its computer catalog system in the
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`ordinary course of its business. MARC records created at the Library of Congress
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`were initially tape-loaded into the OCLC database through a subscription to
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`MARC Distribution Services daily or weekly. Once the MARC record is created
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`by a cataloger at an OCLC member institution or is tape-loaded from the Library
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`
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`18 http://www.loc.gov/marc/bibliographic/bd09x.html
`
`16
`
`
`
`
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`of Congress, the MARC record is then made available to any other OCLC
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`members online, and therefore made available to the public. Accordingly, once the
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`MARC record is created by a cataloger at an OCLC member institution or is tape-
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`loaded from the Library of Congress or another library anywhere in the world, any
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`publication corresponding to the MARC record has been cataloged and indexed
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`according to its subject matter such that a person interested in that subject matter
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`could, with reasonable diligence, locate and access the publication through any
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`library with access to the OCLC bibliographic database or through the Library of
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`Congress.
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`37. When an OCLC member institution creates a new MARC record,
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`OCLC automatically supplies the date of creation for that record. The date of
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`creation for the MARC record appears in the fixed field (008), characters 00
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`through 05. The MARC record creation date reflects the date on which, or shortly
`
`after which, the item was first acquired or cataloged. Initially, field 005 of the
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`MARC record is automatically populated with the date the MARC record was
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`created in year, month, day format (YYYYMMDD) (some of the newer library
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`catalog systems also include hour, minute, second (HHMMSS)). Thereafter, the
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`library’s computer system may automatically update the date in field 005 every
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`time the library updates the MARC record (e.g., to reflect that an item has been
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`moved to a different shelving location within the library). Field 005 is visible
`
`17
`
`
`
`
`
`when viewing a MARC record via an appropriate computerized interface, but
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`when a MARC record is printed to hardcopy, no “005” label appears. The initial
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`field 005 date (i.e., the date the MARC record was created) does appear, however,
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`next to the label “Entered.”19 The date upon which the most recent update to field
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`005 occurred also appears, next to the label “Replaced.” Thus, when an item’s
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`MARC record has been printed to hardcopy—as is the case with the exhibits to this
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`report—the date reflected next to the label “Entered” is necessarily on or after the
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`date the library first cataloged and indexed the underlying item.
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`38. Once one library has cataloged and indexed a publication by creating
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`a MARC record for that publication, other libraries that receive the publication do
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`not create additional MARC records—the other libraries instead rely on the
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`original MARC record. They may update or revise the MARC record to ensure
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`accuracy, but they do not replace or duplicate it. This practice does more than save
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`libraries from duplicating labor, it also enhances the accuracy of MARC records.
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`
`
`19
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`In this report, I sometimes refer to the “Entered” entry as field 008, characters
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`00-05. Field 005 is visible when viewing a MARC record via an appropriate
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`computerized interface. But when a MARC record is printed directly to hardcopy
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`from the OCLC database, the “005” label is not shown. The date in the 005 field
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`instead appears next to the label “Replaced.”
`
`18
`
`
`
`
`
`It also allows librarians around the world to know that a particular MARC record is
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`authoritative. In contrast, a hypothetical system wherein duplicative records were
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`created would result in confusion as to which record is authoritative.
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`39. The date of creation of the MARC record by a cataloger at an OCLC
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`member institution reflects when the underlying item is accessible to the public.
`
`Upwards of two-thirds to three-quarters of book sales to libraries come from a
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`jobber or wholesaler for online and print resources. These resellers make it their
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`business to provide books to their customers as fast as possible, often providing
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`turnaround times of only a single day after publication. Libraries purchase a
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`significant portion of the balance of their books directly from publishers
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`themselves, which provide delivery on a similarly expedited schedule. In general,
`
`libraries make these purchases throughout the year as the books are published and
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`shelve the books as soon thereafter as possible in order to make the books available
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`to their patrons. Thus, books are generally available at libraries across the country
`
`within just a few days of publication.
`
`V.
`
`PUBLICATION
`A. Ellsworth book
`40. Attachment 1a is a copy of the front matter for a book, Using
`
`CompuServe, by Jill H. Ellsworth and Matthew V. Ellsworth (hereafter
`
`“Ellsworth”) and issued by Que with a 1994 copyright date. Attachment 1a is a
`
`19
`
`
`
`
`
`true and correct copy of the title page, copyright page, and table of contents as held
`
`by the National Library of China (Beijing, China). I am informed by counsel that
`
`Exhibit 1026 is an excerpt of Using CompuServe and was previously submitted in
`
`this proceeding. The front matter contained in Attachment 1a corresponds to the
`
`front matter of Exhibit 1026. I confirmed this by matching the ISBN numbers and
`
`other information in Attachment 1a with Exhibit 1026. The text in the excerpted
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`portions submitted as Exhibit 1026 is complete; no pages are missing, and the text
`
`on each page appears to flow seamlessly from one page to the next; further, there
`
`are no visible alterations to the document. Exhibit 1026 is a true and correct copy
`
`in a condition that creates no suspicion about its authenticity.
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`41. Attached hereto as Attachment 1b is a true and correct copy of the
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`metadata record for this monograph from the National Library of China online
`
`catalog. The library ownership is indicated by the presence of the library’s name at
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`the bottom of the record. The descriptive bibliographic data (creator/author, title,
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`place of publication, publisher, date, number of pages, and classification numbers)
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`correspond to Attachment 1b. I personally identified and retrieved the library
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`catalog record which is Attachment 1b.
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`42. Attached hereto as Attachment 1c is a true and correct copy of the
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`MARC record for this monograph from the Library of Congress online catalog.
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`The library ownership is indicated by the presence of the library’s code (DLC) in
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`20
`
`
`
`
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`the 035 field. The library continues to update this MARC record and enhanced the
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`MARC record to meet current cataloging rules. The most recent enhancement to
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`the MARC record occurred on August 17, 1995, as shown in the 005 field
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`(“19950817”). I personally identified and retrieved the library catalog record
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`which is Attachment 1c.
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`43. Based on finding a MARC record for the print copy of the Ellsworth
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`book in the Library of Congress and online library catalog attached as Attachment
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`1b, it is my opinion that the book Using CompuServe was publicly available on or
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`shortly after January 3, 1995, as shown in field 955 (“01-03-95”). The
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`International Standard Book Number (ISBN) on Exhibit 1026 (1-565-29726-1)
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`matches the ISBN in field 020 of Attachment 1c. Therefore, Exhibit 1026 is the
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`same book as the one that the cataloger at the Library of Congress used to create
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`the MARC record that is Attachment 1c.
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`44. Field 955 indicates that information the Ellsworth book arrived in the
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`Library of Congress and was cataloged in publication (CIP) on February 28, 1994
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`(“02-28-94”). The published book arrived in the Library of Congress and was sent
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`to cataloging on December 1, 1994 (“12-01-94”), was sent for subject analysis on
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`December 7, 1994 (“12-07-94”), was transferred to shelf listing on December 8,
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`1994 (“12-08-94”), was sent to Dewey Decimal classification on December 23,
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`1994 (“12-23-94”), and publicly available on January 3, 1995 (“01-03-95”).
`
`21
`
`
`
`
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`45. Attached hereto as Attachment 1d is a true and correct copy of the
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`MARC record for the Ellsworth book Using CompuServe obtained from the OCLC
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`bibliographic database. I personally identified and retrieved the MARC record that
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`is Attachment 1d. As previously noted, the library that created the record is
`
`recorded in field 040 with a unique library code. For Attachment 1d, that library
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`code is “DLC,” which means that the MARC record for this book was created at
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`the Library of Congress. As can be seen in the “Entered” field in the MARC
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`record for this exhibit, a cataloger at the Library of Congress created OCLC record
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`number 30444565 on February 28, 1994, as shown in the “Entered” field
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`(“19940228”). The library continues to update and enhance this MARC record to
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`meet current cataloging rules. The most recent enhancement to Attachment 1d
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`occurred on September 20, 2017, as shown in the “Replaced” field (“20170920”).
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`I personally identified and retrieved the MARC record that is Attachment 1d.
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`46. Attachment 1d further includes an entry in field 050 (“QA76. 57.C65
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`$b E45 1994”)—as described above, this includes a subject matter classification
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`number consistent with the Library of Congress classification system (analogous to
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`the Dewey Decimal classification system).20 According to the Library of Congress
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`
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`20 Mathematics—Instruments and machines—Calculating machines—Electronic
`computers. Computer science—Digital computers—Online data processing—
`Special systems, A-Z—CompuServe
`
`22
`
`
`
`
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`classification system, QA76.57 falls under the category of “Online data
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`processing” described as “Including general online information services and
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`general videotex systems” and QA76.57.C65 specifically refers to “CompuServe.”
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`Attachment 1c further includes an entry in field 082 (“025.04”), a subject matter
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`consistent with the Dewey Decimal classification system.21 In the Dewey Decimal
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`classification system, “025.04” falls under the category “025 Operations of
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`libraries, archives, information centers” which includes “technical services” and
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`further, the .04 subdivision is titled “Information storage and retrieval systems”
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`which includes “search and retrieval in information storage and
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